FantasySports4Life™ Terms of Service
The following Terms of Service (“Terms”) set forth the terms and conditions of the agreement between you, an individual user (“You”), and Fantasy Sports 4 Life Foundation, Inc. (“FantasySports4Life™”) in conjunction with FantasySports4Life™’s offering of its charitable fantasy sports contests (“the Service”) that are entered through the domain www.fantasysports4life.org (“the Site”), and are played out on various, unaffiliated third party websites (“Fantasy Sports Host Sites”).
2. THE CHARITABLE SERVICE
FantasySports4Life™ will provide you with access to charitable fantasy sports contests, which will be played out on various, unaffiliated, publicly available Fantasy Sports Host Sites that will be determined at the discretion of FantasySports4Life™. In all cases, these contests are based on skill and knowledge of a variety of professional sporting events.
For each contest, winners are determined by FantasySports4Life™ based on the ability to predict the performance of professional athletes over the course of multiple, real-world sporting events. FantasySports4Life™ shall have the sole discretion of determining its game rules and selecting winners of these contests, as well as the sole discretion to cancel, modify, suspend or terminate any contest. Further, FantasySports4Life™ shall be the sole arbiter of disputes over who wins each contest.
3. ACCEPTANCE OF TERMS
By accessing the Site and using any part of the Site or Service, you agree to be bound by these Terms. It is your responsibility to review these Terms regularly to determine whether they have changed. If you do not agree to all of the Terms, then you may not access the Site or attempt to use our Services. Among other things, potential entrants into our charitable contests must ensure compliance with the requirements of eligibility stipulated in Section 6 of the Terms of Service.
4. TERMS REPRESENT ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and FantasySports4Life™ with respect to the Site, and these Terms supersede any prior agreements, oral or written, between you and FantasySports4Life™. A provision of these Terms may be waived only by written instrument executed by the party entitled to the benefit of such provisions. The failure of FantasySports4Life™ to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
5. MODIFICATION OF TERMS
FantasySports4Life™ reserves the right, at its sole discretion, to modify or replace the existing Terms of Service at any time. Should any change in Terms occur, you shall be responsible for reviewing and becoming familiar with any such modifications. Your continued use of the FantasySports4Life™ Site and Service upon any change or modification of the Terms constitutes your constructive acknowledgement and acceptance of these modifications.
6. ELIGIBILTY TO ENTER OUR CHARITABLE CONTESTS
By entering into any of the charitable contests offered through this Site, you hereby represent and warrant that you are a natural person (corporate entities and similar organizations are not eligible to use the FantasySports4Life™ Service) and you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in the Terms of Service and to abide by and comply with these terms.
Further, you represent and warrant that:
You are the age of majority in your jurisdiction of residence (this is at least 18 years of age in most states, and 19 years of age in Nebraska or Alabama)
You are a citizen or resident of the United States of America and you have an address in the United States of America. (For purposes of clarity, citizens and residents of Puerto Rico are not eligible).
You are physically located in the United States of America and reside in a jurisdiction in which participation in any contest you choose to participate in is allowed by applicable law.
YOU ARE NOT A CITIZEN OR RESIDENT OF ANY OF THE FOLLOWING STATES: ARIZONA; ARKANSAS; FLORIDA; HAWAII; ILLINOIS; IOWA; LOUISIANA; KANSAS; MICHIGAN; MONTANA; NORTH DAKOTA; TENNESSEE; VERMONT; OR WASHINGTON. IN ADDITION, YOU ARE NOT A RESIDENT OF PUERTO RICO.
You are not an employee, officer, director, or agent of FantasySports4Life™, nor are you an immediate family member of any officer, director or agent of FantasySports4Life™. (The term “immediate family member,” as defined herein, shall include parents, children, spouses, siblings, or any other person residing in the same household of an officer, director or agent).
You will establish only one account to participate in the Services offered on the FantasySports4Life™ Site, and only you will operate the account.
You will abide at all times by these Terms and any other agreements between you and FantasySports4Life™.
You are not subject to backup withholding tax because: (a) you are exempt from backup withholding, or (b) you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified you that you are no longer subject to backup withholding.
You will not allow any person under the age of 13 to assist you in any way in the operation of your entry, nor will you provide any person under the age of 13 with access to this Site or Service.
If any of the above representations and warranties are not met, in addition to any other rights and remedies available under law or equity, FantasySports4Life™ reserves the right to suspend or terminate your account and to revoke or withhold the awarding of any prizes associated with your account.
Further, in the event that FantasySports4Life™ discovers that you have opened more than one account, in addition to any other rights that FantasySports4Life™ may have, FantasySports4Life™ reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the award of any prizes.
7. USER CONDUCT
As a condition of use, you agree not to use the Site or Service for any purpose that is unlawful or prohibited by these Terms of Service, or any other purpose not reasonably intended by FantasySports4Life™. By way of example, and not as a limitation, you agree to conduct yourself with good sportsmanship at all times, not to purchase multiple teams within a given contest and not to engage in Collusion with other users to win any contest (the term “Collusion” shall include, but is not limited to, working together with another user to better any one entry at the expense of another).
In addition, you agree not to abuse, harass, impersonate, intimidate or threaten other FantasySports4Life™ users; not to post or transmit, or cause to be posted or transmitted, any materials (“User Content”) that are infringing, libelous, defamatory, abusive, offensive, obscene, pornographic, vulgar, or otherwise in violation of any law or right of any third party; not to use the Site for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws; not to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any FantasySports4Life™ user; not to create or submit unwanted email (“Spam”) to any other FantasySports4Life™ users; and not to infringe upon the intellectual property rights of FantasySports4Life™, its users, or any third party.
Further, you agree not to submit comments discussing or linking to affiliate programs, multi-level marketing schemes, personal business ventures, or off-topic content; not to post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; and not to use any robot, spider, scraper or other automated means to access the site for any purpose (except for RSS feed access) without our express written permission.
Finally, you agree that you will not: (1) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (3) bypass any measures FantasySports4Life™ may use to prevent or restrict access to the Site.
Violation of our rules may result in the removal of your content from the Site and/or the cancellation of your account. You acknowledge and agree that FantasySports4Life™ may remove any User Content and terminate any FantasySports4Life™ account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content). IN ADDITION, ANY ATTEMPT BY A USER TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF OUR CONTESTS IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT OCCUR, FANTASYSPORTS4LIFE™ RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT AVAILABLE BY LAW.
To report Terms of Service abuse, please contact us immediately at firstname.lastname@example.org.
8. USER CONTENT
You understand that all content created by users of either the Site or Service (“User Content”), including but not limited to profile information and communications with other users, whether privately transmitted or made publicly available, is the sole responsibility of the person from which such User Content originated. This means that you are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Site. Under no circumstances will FantasySports4Life™ be liable in any way for any User Content uploaded, posted, shared, emailed, transmitted or otherwise made available via the Site.
You acknowledge that FantasySports4Life™ may or may not pre-screen User Content, but that FantasySports4Life™ and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, and/or move any User Content available via the Site. Without limiting the foregoing, FantasySports4Life™ and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in FantasySports4Life™’s sole discretion. You understand that by using the Site, you may be exposed to User Content that you may consider offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any content available on or through the Site.
With respect to User Content you submit or make available on the Site, you grant FantasySports4Life™ an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed.
You are solely responsible for your interactions with other users of the Site. FantasySports4Life™ reserves the right, but has no obligation, to monitor disputes between you and other users. FantasySports4Life™ also reserves the right, but has no obligation, to outsource dispute resolution between users to any third party it deems competent to assist with the matter.
9. RIGHTS TO USE OF YOUR PERSONAL INFORMATION
By using this Site or Service, you agree to provide FantasySports4Life™ with a worldwide, non-exclusive, royalty-free, perpetual, transferable and non-revocable license to use, for any purpose, any information provided by you on our Site. Specifically, you consent to the use of your name, voice, likeness, and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected contest and/or other FantasySports4Life™ contests and philanthropic initiatives, unless otherwise prohibited by law.
Contest winners agree that, from the date of notification of their status as a potential winner, and continuing until such time when notified that they no longer need to do so, they will make themselves available to FantasySports4Life™ for publicity, advertising and promotional activities relating to any contest in which they participate.
10. REGISTRATION FOR ACCOUNT
In order to use our Site or Service, you must register for an account. By registering as a user, you agree to provide accurate, current and complete information about yourself as prompted (such information being the “Registration Data”) and to maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or FantasySports4Life™ has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, FantasySports4Life™ may deny you access to areas requiring registration, at its sole discretion.
11. ACCOUNT PASSWORD AND SECURITY
At the time of registering for an online account, you must provide a valid email address and supply a username and password to be used in conjunction with your account. Many portions of the Site require registration for access. You are responsible for maintaining the confidentiality of your username and password, and are fully responsible for all uses of your username and password, whether by you or others. You agree to (a) keep your username and password confidential and not share them with anyone else; (b) immediately notify FantasySports4Life™ of any unauthorized use of your username and password or account or any other breach of security; and (c) use only your username and password to access the Site’s Restricted Areas. IF THERE IS UNAUTHORIZED USE OF YOUR ACCOUNT, YOU WILL BE LIABLE FOR THE LOSSES INCURRED BY YOURSELF, FANTASYSPORTS4LIFE™ AND OTHERS DUE TO ANY UNAUTHORIZED USE.
12. COMMUNICATIONS AND DISCLOSURES
As a result of your registration for the Service, you may receive certain commercial communications from FantasySports4Life™, as well as information about our charity and methods for making charitable donations to it. You understand and agree that these communications are part of your registration, and that you may opt out of receiving these communications at any time by either using the unsubscribe functionality or sending an email to email@example.com.
You acknowledge, consent and agree that FantasySports4Life™ may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary: (i) to comply with legal process; (ii) to enforce these Terms of Service; (iii) to respond to claims that any content violates the rights of third parties; (iv) to respond to your requests for customer service; or (v) to protect the rights, property, or personal safety of FantasySports4Life™, its Users and the public.
13. DISQUALIFICATION OF USERS AND CANCELLATION OF CONTESTS
FantasySports4Life™, in its sole discretion, may disqualify any entrant from the Site or Service, refuse to award fantasy points or prizes and require the return of any prizes, if an entrant engages in conduct FantasySports4Life™ deems to be improper, unfair or otherwise adverse to the operation of the Site or Service or in any way detrimental to other entrants. Improper conduct includes, but is not limited to: falsifying personal information required to use the Service or to claim a prize; accumulating, or attempting to accumulate, points or prizes through unauthorized methods such as automated scripts or other automated means; tampering with the administration of the Service or trying to in any way tamper with the computer programs associated with this Service; obtaining other entrants’ information and spamming other entrants; engaging in Collusion with other contest participants; abusing the FantasySports4Life™ Site in any way; or using language that in the sole discretion of FantasySports4Life™ is deemed offensive, intimidating, or in violation of the spirit of building a healthy and friendly fantasy sports environment. You further acknowledge that the forfeiture and/or return of any prize shall in no way prevent FantasySports4Life™ from pursuing criminal or civil proceedings in connection with such conduct.
FantasySports4Life™ additionally reserves the right to cancel, terminate, modify, or suspend any contest for any reason, or no reason at all. One reason why FantasySports4Life™ may choose to cancel, terminate, modify or suspend a given contest is if we deem, in our sole discretion, that not enough contestants have entered as of the time in which the contest is otherwise scheduled to begin. Another reason for cancelation, termination, modification or suspension is based upon technical malfunction (this could lead to a contest’s cancellation, termination, modification or suspension even after the contest’s designated start time). If a contest is cancelled, terminated, modified or suspended, FantasySports4Life™ will notify you, and your entry fees will be refunded in full.
It is possible the decisions that FantasySports4Life™ makes with respect to a given entry may differ from those appearing on your league’s Fantasy Sports Host Site. In all cases, the decisions reached by FantasySports4Life™about winners, prizes and eligibility are final, even to the extent those decisions may differ from those appearing on the third party Fantasy Sports Host Site website.
14. TECHNICAL MALFUNCTIONS
You will not hold FantasySports4Life™ or its partners responsible for: any incorrect, invalid or inaccurate entry information provided on either its website or Fantasy Sports Host Site’s website; human errors; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, latency, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to, software and operating systems that do not permit an entrant to participate in the Service), including without limitation any injury or damage to any entrant’s or any other person’s computer equipment relating to or resulting from participation in the Service; inability to access the Site, or any web pages of FantasySports4Life™; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any Service provider’s facilities, or any Site for any other reason whatsoever; typographical, printing or other errors; or any combination thereof.
FantasySports4Life™ and any partners are also not responsible for incomplete, illegible, misdirected or stolen entries. If for any reason the Service (including, but not limited to, its third party Fantasy Sports Host Site websites) is not capable of running as originally planned, as well as if the Site or Service becomes corrupted or does not allow for the proper usage and processing of entries in accordance with the rules, or if infection by a computer (or similar) virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of FantasySports4Life™ corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service, FantasySports4Life™ reserves the right, in its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the Service, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification will be posted on the FantasySports4Life™ Site.
From time to time servers may overload and data may be lost. FantasySports4Life™ assumes no responsibility for the occasional loss of data, irrespective of whether this loss is temporary or permanent in nature. In addition, FantasySports4Life™ assumes no responsibility for the conduct of the third party Fantasy Sports Host Site that host our actual fantasy sports contests, nor for any activity that occurs on such websites. Similarly, FantasySports4Life™ assumes no responsibility for the potential shutdown, misrepresentation of data, or any other issues that may occur with respect to these third party websites.
The failure of FantasySports4Life™ to comply with any provision of these rules due to an act of god, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of FantasySports4Life™ (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these terms.
In early January of each year all winners who have won $600 or more (net of all entry fees) over the previous year will be contacted to provide address and social security details. These details will be used to file a 1099-MISC with the Internal Revenue Service. Paying taxes shall be the sole obligation of each user.
16. NON-AFFILIATION WITH ANY SPORTS LEAGUE, PLAYERS ASSOCATION, OR FANTASY SPORTS HOST SITE
FantasySports4Life™, as well as its Site and Service, is not in any way affiliated with any professional or amateur sports league, or with any players association or collection of players. In addition, FantasySports4Life™, as well as its Site and Service, is not in any way affiliated with any Fantasy Sports Host Site that may be used in conjunction with operating its fantasy sports contests.
By using the FantasySports4Life™ Service or accepting any prize, you agree to release and to hold harmless FantasySports4Life™ and each of Its subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities from any and all liability, claims or actions of any kind whatsoever, including, but not limited to, for injuries, damages or losses to persons and property which may be sustained in connection with participation in the Service, the receipt, ownership, use or misuse of any prize and claims based on publicity rights, defamation or invasion of privacy.
18. NO WARRANTIES
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FANTASYSPORTS4LIFE™ DISCLAIMS ALL WARRANTIES–STATUTORY, EXPRESS OR IMPLIED–INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PRORPIETARY RIGHTS RELATED BOTH TO ITSELF AND TO ANY FANTASY SPORTS HOST SITE USED IN CONJUNCTION WITH ITS CHARITABLE CONTESTS.
Further, you expressly understand and agree that your use of the Site is at your sole risk. The Site is provided on an “AS IS” and “as available” basis. The Service, content, and Site are provided on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that FantasySports4Life™ has no control over, and no duty to take any action regarding: which Users gain access to the Site or use the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release FantasySports4Life™ from all liability for youR having acquired or not acquired Content through the SERVICE or the Site. The Site may contain or direct you to Sites containing information that some people may find offensive or inappropriate. FantasySports4Life™ makes no representations concerning any content contained in or accessed through the SITE and FantasySports4Life™ will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICE IS DONE AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF DOWNLOADED MATERIAL.
19. LIMITATION ON LIABILITY
YOU UNDERSTAND AND AGREE THAT, UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, SHALL FANTASYSPORTS4LIFE™ BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FANTASYSPORTS4LIFE™ HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FANTASYSPORTS4LIFE™’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FANTASYSPORTS4LIFE™ FOR GENERAL USE OF THE SITE DURING THE TERM OF YOUR REGISTRATION FOR THE SITE, NOT INCLUDING ANY ENTRY FEES FOR CONTESTS COMPLETED PRIOR TO THE CIRCUMSTANCES GIVING RISE TO THE CLAIM. THIS LIMITATION ON LIABILITY SHALL EXTEND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW.
20. OUR PROPRIETARY RIGHTS
All title, ownership and intellectual property rights in and to the Site are owned by FantasySports4Life™ or its licensors. You acknowledge and agree that the Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by FantasySports4Life™, you agree not to modify, rent, lease, loan, sell, publicly display, distribute or create derivative works based on the Site, in whole or in part.
21. LINKS TO THIRD PARTY SITES
The Site provides, or third parties may provide, links to other World Wide Web sites or resources, including, but not limited to your assigned Fantasy Sports Host Site, third party advertisers. Recognizing that FantasySports4Life™ has no control over such sites and resources, you acknowledge and agree that FantasySports4Life™ is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources, including, but not limited to, that provided on your league’s Fantasy Sports Host Site. You further acknowledge and agree that FantasySports4Life™ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Site or resource. ACCESS AND USE OF THIRD PARTY SITES SUCH AS YOUR FANTASY SPORTS HOST SITE, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES OF THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK.
FantasySports4Life™ may terminate or suspend the Site and any and all Services and your FantasySports4Life™ account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Service. Upon termination of your account, your right to use the Site will immediately cease, and all rights under this contract shall cease other than those deemed to survive termination under Section 33 of the Terms. If you wish to terminate your FantasySports4Life™ account, you may simply discontinue using the Site or contact us with a note to say you wish to terminate your account. The best way to contact us about terminating your account is by emailing firstname.lastname@example.org. You may also directly terminate your account through the Site.
23. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to the Terms or this Agreement. This means, among other things, that you agree to the full extent permissible by law, no third party shall have any rights to bring claims arising out of this Terms of Service on your behalf or to claim for themselves rights that are afforded to you under this agreement.
24. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
FantasySports4Life™ may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you are a copyright owner, or an agent of a copyright owner, and believe that any content infringes upon your copyrights, you may submit notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our designated Copyright Agent, with the following information in writing (see 17 USC 512(c)(3)): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (iv) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
FantasySports4Life™’s designated Copyright Agent to receive notifications of claimed infringement is
Lori Shugar Colvin
2660 Hermitage Drive
Cumming, GA 30041
Only DMCA notices should be sent to the Copyright Agent. Any other communications should be directed to the appropriate channels as indicated by Contacting Us.
25. CHOICE OF LAW
You agree that any claim you may have against FantasySports4Life™, irrespective of whether the claim is brought arise under contract, tort or other legal theory, shall be interpreted exclusively under the law of the State of New York. No user of this site, successor in interest, or any other party seeking to bring suit on behalf of the interests of a user may attempt to argue any state law claims under any theory other than the State of New York. THIS CHOICE OF LAW CLAUSE SHALL APPLY WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES AND IRRESPECTIVE OF THE UNDERLYING CAUSE OF ACTION.
Any controversy or claim arising out of, in connection with, or in any way relating to the Terms of Service, with the exception of those controversies or claims specifically excluded in the following paragraph, shall be settled by the American Arbitration Association (“AAA”) in connection with its rules.
You and FantasySports4Life™ agree that the following disputes are not subject to this binding arbitration provision: (1) any disputes seeking to enforce or protect, or concerning the validity of either any of your intellectual property rights or FantasySports4Life™’s intellectual property rights; and (2) any claim for injunctive relief.
27. Forum Selection
For any dispute not subject to arbitration, or where no election to arbitrate has been made, you and FantasySports4Life™ agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located within a fifty mile radius of Atlanta, GA. You further agree to accept Service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
28. WAIVER AND SEVERABILITY AND TERMS
The failure of FantasySports4Life™ to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by FantasySports4Life™ without restriction. Any assignment attempted to be made in violation of these Terms of Service shall be deemed void. In addition, you agree that to the full extent permissible by law, no third party shall have any rights to bring claims arising out of this Terms of Service on your behalf or to claim for themselves rights that are afforded to you under this agreement.
30. NO AGENCY
You agree that no joint venture, partnership, employment, or agency relationship of any kind exists between you and FantasySports4Life™. YOU FURTHER ACKNOWLEDGE THAT BY SUBMITTING USER CONTENT TO FANTASYSPORTS4LIFE™, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND FANTASYSPORTS4LIFE™.
31. STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The headings and section titles in the Terms are for convenience only and have no legal or contractual effect.
The following sections of these Terms shall survive the termination of the Terms and/or your account, irrespective of whether terminated by you or FantasySports4Life™: Sections 6, 8, 9, 14, 17, 18, 19, 20, 21, 22, 23, 25, 26, 27, 29, 31 and 33.